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Bias Appeals

Fisher Phillips

Colorado’s Landmark AI Law Still on Track for 2026, But Push to Delay Continues – What Should Employers Do?

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Despite months of intense lobbying and a last-minute legislative scramble, Colorado’s sweeping AI anti-bias law is still set to take effect on February 1, 2026. But the tech industry isn’t done fighting. After lawmakers just...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS to clarify legal standard for “reverse” bias claims

On February 26, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, a case involving the appropriate standard for plaintiffs in a “reverse” discrimination case. Marlean Ames sued the...more

Blake, Cassels & Graydon LLP

La Cour d’appel de l’Ontario annule une sentence arbitrale en raison d’une crainte raisonnable de partialité

Dans l’affaire Vento Motorcycles, Inc. v. Mexico (l« affaire Vento »), la Cour d’appel de l’Ontario (la « CAO ») a annulé une sentence prononcée par une formation arbitrale (la « sentence »), en raison d’une crainte...more

Blake, Cassels & Graydon LLP

A Reasonable Apprehension: Ontario Court of Appeal Sets Aside Arbitral Award Due to Bias

In Vento Motorcycles, Inc. v. Mexico, the Court of Appeal for Ontario set aside the award of an arbitral panel due to a reasonable apprehension of bias on the part of one panel member. In coming to its decision, the Court of...more

McDermott Will & Emery

Judicial Bias and Erroneous Admission of Expert Testimony Prompt Case Reassignment

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The US Court of Appeals for the Federal Circuit reversed a district court’s decision to admit expert testimony and remanded the case to a different judge, noting that “from the moment this case fell in his lap, the trial...more

Parker Poe Adams & Bernstein LLP

Executive's Race Bias Claim Over Termination for Podcast Comments Tossed by Fourth Circuit

Two of the biggest employment law fallacies we encounter relate to employees’ beliefs about the impact of their off-duty behavior on their careers. First, we see situations where the workers claim that employers have no right...more

Fox Rothschild LLP

Recusal at Issue

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In State v. Richardson, 272A14, filed 1 September 2023, the Supreme Court of North Carolina reviewed the conviction and sentencing of the defendant. The evidence indicated the gruesome and protracted abuse of a child that...more

Genova Burns LLC

You Snooze You Lose: NJ Appellate Division Affirms Dismissal of Sleep Apnea Disability Bias Class Action

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​​​​​​​On August 15, 2022, the New Jersey Appellate Division declined to reinstate a disability bias class action brought by a New Jersey Transit train operator who was required undergo a sleep apnea screening due to the...more

Verrill

BLM-Masked Employees of Whole Foods Lose Race Bias Appeal Regarding Dress Code

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Last week, the U.S. Court of Appeals for the First Circuit in Boston dismissed the appeal of a group of Whole Foods employees who were disciplined for wearing face masks with the phrase “Black Lives Matter” at work. In Frith...more

McDermott Will & Emery

Long-Felt Need Not Felt Long Enough to Overcome Obviousness

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The US Court of Appeals for the Federal Circuit upheld a finding that patents covering Narcan, a naloxone-based intranasal opioid overdose treatment, were obvious despite evidence of long-felt need. Adapt Pharma Operations...more

ArentFox Schiff

California Supreme Court Issues Key Decision on Peer Review Hearing Officer Bias in Natarajan V. Dignity Health

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In Natarajan v. Dignity Health, the Supreme Court rejected a physician’s challenge to a peer review hearing officer based on alleged financial bias. In doing so, the Court gave hospitals helpful and long-needed guidance...more

Hogan Lovells

Cardinal duty – UK Supreme Court clarifies arbitrators' obligations of impartiality and disclosure

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The United Kingdom (UK) Supreme Court has handed down its much-anticipated judgment in Halliburton Company v. Chubb Bermuda Insurance Ltd [2020] UKSC 48 in respect of Haliburton's application to remove an arbitrator for...more

Hogan Lovells

Halliburton v Chubb: UK Supreme Court clarifies the position on arbitrators’ duties of impartiality and disclosure in...

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In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the UK Supreme Court dismissed Halliburton’s appeal concerning its application to remove an arbitrator for apparent bias on the facts. However, it also...more

A&O Shearman

UK Supreme Court clarifies English law on arbitrators’ duties of impartiality, disclosure and confidentiality

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In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the Supreme Court recognised for the first time that there is an ongoing, statutory duty in English law, which requires arbitrators to disclose facts or...more

WilmerHale

Halliburton v Chubb: U.K. Supreme Court Rules on Arbitrator Bias

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On 27 November 2020, the U.K. Supreme Court in Halliburton Company v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 ruled on the approach under English law to determining whether an...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - August 2020: Appeals Raise Constitutional Challenge to PTAB Fee and Compensation Structure

Appellants in New Vision Gaming & Development v. SC Gaming, Inc. f/k/a Bally Gaming, Inc. and Mobility Workx, LLC v. Unified Patents, LLC challenge the constitutionality of the administrative patent judge (APJ) incentive...more

Holland & Hart - Your Trial Message

Voir Dire on Content, Not Effect: Lessons from the Tsarnaev Appeal

We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...more

Downey Brand LLP

Third Appellate District Voids City Council Vote Based on Legislative Member’s Bias

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On May 8, 2020, the Third Appellate District, certified for publication its earlier decision in Petrovich Development Co. LLC v. City of Sacramento (C087283), where the Court, in a rare decision, voided a city council’s...more

Perkins Coie

Project Denial Invalidated Where Councilmember’s Actions Crossed the Line Into Advocacy Against the Project

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The Court of Appeal held that where a city councilmember’s actions evinced bias toward the project, the applicant did not receive a fair hearing and the City Council’s denial of a conditional use permit would be set aside....more

Faegre Drinker Biddle & Reath LLP

Dire Consequences: Avoiding Waiver in Pennsylvania Jury Selection

Practicing law at a socially appropriate distance has forced many litigators to broadly consider the value of face-to-face interaction—and what may be lost in its absence. A recent Pennsylvania Supreme Court opinion...more

ArentFox Schiff

Update: California Court of Appeal Orders Publication of Natarajan V. Dignity Health

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Natarajan addressed an important question: When may physicians who are the subject of a peer review hearing challenge the hearing officer in their cases on the ground that the hearing officer is biased? We have published a...more

BCLP

Halliburton v Chubb: The Future of Repeat Appointments

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The English Supreme Court (Lord Reed, Lord Hodge, Lady Black, Lord Lloyd-Jones, and Lady Arden) has finished hearing two days of submissions in the Halliburton Company v Chubb Bermuda Insurance Limited appeal.  The core...more

ArentFox Schiff

Court of Appeal Rejects Bias Challenge to Peer Review Hearing Officer

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The case, Natarajan v. Dignity Health, attracted keen interest as the physician’s arguments, if adopted, would likely have disqualified numerous experienced hearing officers from service in California medical staff peer...more

Robinson+Cole RLUIPA Defense

4th Circuit Rules Ethnic Bias Gives Rise to RLUIPA Claim

Last week, the United States Court of Appeals for the Fourth Circuit reversed a lower court’s decision dismissing a church’s religious discrimination claims. ...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

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